Batavia May Alter Water, Sewer Rules For Non-residents

Despite the advice of their attorney to stay away from the issue, Batavia officials plan to study the possibility of creating a new category of sewer and water rates for customers outside the city.

Under current law, such homeowners and businesses are required to annex their property to the city in order to receive the municipal sewer and water services.

The issue came up this month when two businesses on Fabyan Parkway north of Batavia asked to connect to the city system even though the properties are scheduled to annex to Geneva.

Officials of one of the businesses, MBR Properties, said it needs the hookup as an emergency because the septic field is failing and Batavia`s utility lines are across the street while Geneva`s are not scheduled to be extended to the area for about 10 years.

``We`re at the point where we`re pumping effluent out of our basement,``

said MBR owner Mark Sorrentino.

The requests ignited a debate among Batavia officials over whether the city should begin charging non-residents extra for sewer and water services without requiring that they annex to the city.

City Attorney William McGrath advised the officials that while Batavia can provide water and sewer services outside city limits it would likely have to charge the same rates as those charged to residents.

``Case law says there has to be some justification for increasing the rate to anyone,`` McGrath said. ``Municipalities are not allowed to make a profit on water and sewer.``

But some City Council members argue that without a non-residential surcharge, requests for service will increase from homeowners and businesses in the unincorporated areas around Batavia as their septic fields get filled. Meanwhile, there will be no incentive for anyone to annex if they can get city services without incorporating and paying city taxes, some aldermen said. ``We`re treading on dangerous ground here,`` Ald. David Waters said.

``You`re going to have a whole lot of people coming out of the woodwork.``

Waters said pockets of unincorporated neighborhoods scattered throughout Batavia should be required to annex for the services or pay extra.

``After all, they would be using up capacity (at the sewage treatment plant) that really should be for residents,`` he said. ``They should pay a premium for that.``